안좋은 소식인 것이지요.
189 / 190 / 489 비자의 포인트 점수 중에서 배우자 점수 5점을 받는 것이 있습니다.
이때 나이 제한이 50세에서 45세로 낮아집니다. 이 법은 2018년 7월 1일부터 시행되었고요.
아래는 관련 법규 발표된 내용입니다.
Schedule 2 – Maximum age limit for partner points in the general skilled migration program
Overview
The general points test set out in Schedule 6D to the Migration Regulations is designed to recognise those points tested skilled migration visa applicants who have the skills and other attributes that will allow them to find skilled employment in Australia and settle quickly into the community.
Schedule 2 to the Regulations amends Schedule 6D so that applicants for a skilled migration visa can only claim points in the general points test if their partner is under 45 years of age, rather than under 50 years of age. (50세가 아닌 45세미만인 경우 배우자점수 5점이 가능) This enables primary applicants for general skilled migration visas whose spouses and de facto partners are under 45, and are skilled, to claim 5 points in the general points test. This amendment applies to Subclass 189 (Skilled Independent) visas in the Points-tested stream, Subclass 190 (Skilled Nominated) visas, and Subclass 489 (Skilled Regional) visas.
The purpose of this amendment is to rectify an oversight, which occurred when the maximum age at which a primary applicant can claim points on the basis of their age was lowered from under 50 years to under 45 years by Schedule 6 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 (this amendment came into effect on 1 July 2017). The intention is that the maximum age at which points can be claimed based on age under the general points test is consistent for primary applicants and their skilled partners. (혼동을 피하기 위해서 수정한다고)
Human rights implications
These amendments have been assessed against the seven core international human rights treaties.
These amendments engage the following right: freedom from non-discrimination and equality in relation to age under Articles 2(1) and 26 of the International Covenant on Civil and Political Rights (ICCPR).
Article 2(1) of the ICCPR states:
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 26 of the ICCPR also states:
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
The amendments engage Article 2(1) and Article 26 of the ICCPR, and are reasonable, necessary and proportionate to achieve a legitimate objective. The amendments aim to lower the maximum age for claiming points for skilled partners from under 50 to under 45 for visa subclasses 189, 190 and 489. In July 2017 the age eligibility requirement for applicants seeking to satisfy the primary criteria for one of the above visa subclasses was lowered from under 50 to under 45. The purpose of these amendments is to limit the ability for applicants to claim 5 points in the general points test to those applicants whose skilled partner is under 45. (주신청자의 경우 2017년 7월부터 나이 제한이 50에서 45세로 낮아짐)
Australia is able to set requirements for the entry of non-citizens into Australia and conditions for their stay. The aim of the skilled migration programme is to maximise the benefits of migration to the Australian economy. The general points test is therefore designed to identify the applicants that provide the greatest benefit and therefore the parameters of the points test need to be set to achieve this.
The 2016 Productivity Commission Inquiry Report Migrant intake into Australia noted that ‘permanent immigrants who arrive at a relatively young age, particularly those who are highly educated, generally contribute more tax revenue over their lifetime and make comparatively lower use of government-funded services. In contrast, those who arrive at an older age have lower rates of labour force participation and contribute to higher costs due to their use of government-subsidised health care and other support services’ (Productivity Commission, page 13).
In light of the Productivity Commission’s findings, it is appropriate to make amendments to provide that skilled migration visa applicants can only claim points for having a skilled partner if their partner is under 45 years of age. As discussed above, the amendment is consistent with previous amendments which lowered the cut-off age from under 50 to under 45 for claiming points on the basis of ‘age qualifications’ for skilled visa applicants seeking to meet the primary criteria for those visas.
These amendments do engage in the freedom from non-discrimination and equality in relation to age. As identified above, however, the amendments are reasonable, necessary and proportionate to achieve a legitimate objective.
Conclusion
This Schedule is compatible with human rights. To the extent that the amendments engage Australia’s human rights obligations in relation to non-discrimination, they are reasonable, necessary, and proportionate to achieve a legitimate objective.
This objective is to ensure that skilled migration visa applicants can only claim points for having a skilled partner if their partner is under 45 years of age, consistent with the maximum age at which applicants can claim points under the general points test based on their own age. (배우자 점수를 클레임 하기 위해선 배우자의 나이도 45세 미만이어야 하는 것으로 변경)
그외 배우자가 만 45세미만이고 배우자도 기술심사 통과 그리고 IELTS 6.0 x 4 를 확보해야 합니다. 이렇게 함으로서 기본적으로 배우자 점수 (포인트 5점)을 할 수 있습니다. 여기에 condition이 붙을 수 있으니 언제나 이민법무사한테 상담 및 문의를 하여서 점수가 확실하게 받을 수 있는지 아는 것이 중요하겠습니다.
Last update: 2018년 6월 8일
